Vicente LLP Federal and International Cannabis and Psychedelics Law and Policy Update: November 2023
Nov 10, 2023
Federal and international law and policy insights, news and events from Vicente LLP.
Nov 10, 2023
Federal and international law and policy insights, news and events from Vicente LLP.
By Shawn Hauser
Aug 31, 2023
The federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III under the Controlled Substances Act. While placement in Schedule III still criminalizes commercial cannabis activity at the federal level, it is a significant step on the path to ending prohibition. This rescheduling would eliminate the application of 280E tax penalties, reduce the level of criminal liability for cannabis-related activity, reduce barriers to research, legitimize the industry through gaining credibility and engagement by physicians and the medical community, and support a growing industry for the American economy.
Jul 13, 2023
Join ACR for a Roundtable Discussion on SAFE banking in the cannabis industry, specifically focusing on the impact on small and minority-owned businesses. The webinar featuring Vicente attorney Elliot Choi will be held on Tuesday, July 25th, from 6:30 - 8 p.m. ET.
Jul 12, 2023
Mushrooms are having a moment! Watch this session to learn about current and future business opportunities in the growing world of adaptogenic and functional mushrooms.
Apr 6, 2023
In this episode of Cannabis Minds, Jen Flanagan interviews her colleague Sahar Ayinehsazian who gives valuable advice for cannabis operators and applicants seeking banking services.
By Charles Alovisetti, Sahar Ayinehsazian
Mar 3, 2023
Given the wide variety of available functional/adaptogenic mushroom product forms, producers and consumers should be aware of the significant differences in regulations for food, food additives, and dietary supplements.
By Catie Wightman
Feb 13, 2023
In recent years, several CBD companies faced product liability lawsuits brought by consumers. Many of these cases were dismissed without prejudice or stayed until the FDA takes action to regulate CBD products. Now that the FDA said it will not take action to regulate CBD, could these cases be revived?
Feb 9, 2023
The FDA decided not to regulate CBD, denied three citizen petitions requesting CBD rulemaking or other FDA action, and announced it is now up to Congress to step in. Watch this webinar and learn what this means for your hemp-derived cannabinoids business.
By Andrea Golan
Jan 6, 2023
Minnesota hemp companies are being sued by the Minnesota Board of Pharmacy for selling high-THC hemp-derived edibles that allegedly contained 100 milligrams of hemp-derived THC per gummy bear and were intentionally marketed in a manner that is appealing to children. What standards may lower consumer safety risks for these products?
Dec 27, 2022
In a CLE on January 12, 2023, Charles Alovisetti will offer advice on the legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate
By Catie Wightman, Michelle Bodian
Nov 30, 2022
On November 21, 2022, the FDA issued five warning letters to companies selling CBD, Delta-8, and other hemp products for humans and pets.
By Shane Pennington
Nov 9, 2022
What outcomes are possible from the impending administrative process to reconsider cannabis’s schedule I status? What are the implications of those various possible outcomes? And how should we all proceed in light of it all?
By Shane Pennington
Oct 21, 2022
To appreciate the gravity of the President’s scheduling directive and what could happen next, you need to understand (1) how the administrative process the President has set in motion will actually work and (2) how the agencies in charge have used it to affirm and reaffirm cannabis’s schedule I1 status repeatedly throughout the Comprehensive Drug Abuse Prevention and Control Act of 1970’s (“CSA”) history. Those topics are covered in this article.
By Shane Pennington
Oct 21, 2022
President Biden’s scheduling directive is enormously important. In fact, if permitted to run its course, it could revolutionize federal drug control law to a far greater degree than any of the many pending cannabis legalization bills.
Oct 5, 2022
VS partners Charles Alovisetti and FL Gorman will discuss debtor-creditor rights pertaining to cannabis at NYSBA’s virtual CRE program on October 6
By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022
Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry
Sep 21, 2022
VS partners Sahar Ayinehsazian and Jerrico Perez will be on a LIVE cannabis banking compliance NHCC Legal Committee seminar on September 28!
Aug 15, 2022
Jennifer Cabrera, Casey Leaver, Adam Fine and Steve Pemberton are scheduled to speak at New Jersey NECANN in September!
By Catie Wightman, Ariane Beckman
Aug 11, 2022
The FDA is cracking down on companies making unlawful drug or disease claims about their products relating to CBD by recently issuing several warning letters to address these compliance violations.
Jul 29, 2022
Sahar Ayinehsazian will be speaking at the 2022 PBC Conference on September 8, 2022 to discuss financial investing in the cannabis business space
Jul 28, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
May 17, 2022
Watch this VS live session for a timely discussion exploring intoxicating hemp-derived products.
By Michelle Bodian, Shawn Hauser, Catie Wightman
May 5, 2022
For the first time ever, the FDA issued warning letters to companies selling products containing hemp-derived Delta-8 THC. Notably, this is the first time the FDA has specifically enforced against Delta-8 products. Read this for key takeaways from these warning letters.
Apr 4, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
By Michelle Bodian, Jace Pohlman
Mar 30, 2022
The FDA and FTC are working together to target fraudulent COVID-19 claims made by CBD companies. Seven CBD product companies received warning letters. Read this article for a look into what to do—or not do—to avoid a warning.
Dec 10, 2021
VS Founding Partner Brian Vicente joined TrueGreen's stellar panel at MJBizCon 2021 to discuss the cannabis industry's past and present, and how compliance, technology, and data insights are the future of a successful industry.
Aug 25, 2021
Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!
Aug 25, 2021
Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!
By Shawn Hauser
Aug 25, 2021
Recent NDIN notification objections from the FDA give us more insight into the agency's factors differentiating "full spectrum" hemp from CBD.
Aug 18, 2021
VS director of economics and research, Andrew Livingston, joined The Green Rush Live to discuss the Federal CAO Act and more.
Aug 11, 2021
With a new Administration and Congress, changes in personnel at FDA, and new safety data being published, is 2021 the year when CBD will come out from under the FDA shadows to be legally marketed in all 50 states?
By Shawn Hauser
Jul 22, 2021
In this article, we’ll look at the history of CBD regulation in the United States, the trends that are dominating CBD regulation in 2021, and some of the state-specific regulations in the largest states.
By Corey Cox, Caitlin Wightman
May 24, 2021
The Colorado government has enacted several programs aimed at helping businesses and workers adversely impacted by the novel coronavirus (COVID-19).
By Charles Alovisetti, Cassia Furman
Apr 23, 2021
To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.
By Andrea A. Golan, Michelle Bodian
Jan 28, 2021
Cannabis businesses are not eligible for relief under any of the federal COVID-19 aid packages, but members of Congress and industry groups are making significant efforts to include cannabis businesses in federal aid.
Sep 3, 2020
Sahar will present "Curbing Cannabis Cash" at DRI's Cannabis Law Virtual Seminar on September 17, 2020.
Aug 13, 2020
This session explores the complexity of mergers and acquisitions and how to optimize taxes to free cash flow for your cannabis business.
Jul 9, 2020
VS attorney Sahar Ayinehsazian discusses cannabis industry banking and the many reasons why there is a demand for cannabis legal advice during the COVID-19 pandemic on CSE's Hashtag Finance podcast.
By Corey Cox
May 28, 2020
The CBD-based medicine, Epidiolex, was descheduled by the DEA and is no longer a controlled substance. What are the implications of this change and what, if anything, does it mean for CBD products in general?
By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian, Corey Cox
May 5, 2020
The continuing growth of the cannabis and hemp industries has given rise to the need for specifically tailored due diligence.
By Meg Nash, David Gately
Apr 30, 2020
The Massachusetts government has enacted several programs aimed at helping businesses and workers adversely impacted by the novel coronavirus (COVID-19).
By Andrea A. Golan
Apr 24, 2020
While cannabis businesses are not currently eligible for many federal relief programs established in response to COVID-19, they may be eligible for this form of federal relief.
By Andrea A. Golan and Kelsey Middleton
Apr 22, 2020
By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020
Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.
Mar 6, 2020
Learn about cannabis industry best practices for indirect taxes and 280E by watching this webinar replay with tax firm Ryan LLC and attorney Jordan Wellington.
Dec 13, 2019
Join VS and the tax experts at Ryan LLC for a live discussion on cannabis industry taxation, including 280E and best practices for indirect tax issues in the cannabis industry.
By Sahar Ayinehsazian, Associate Attorney
Dec 12, 2019
On December 3, 2019, a group of federal financial regulators took an important step to enable hemp operators to access banking services by publishing hemp banking guidance.
Oct 29, 2019
Watch Vicente Sederberg LLP attorney Sahar Ayinehsazian and HUB International Insurance Services in this on-demand webinar about investments in the cannabis industry.
By Charles S. Alovisetti, Partner
Oct 7, 2019
In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.
By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019
One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.
Aug 28, 2019
WeedWeek hosts Alex Halperin and Donnell Alexander recently invited VS attorney Sahar Ayinehsazian to discuss cannabis banking on their weekly podcast.